“Christians shouldn’t be penalized for abiding by their beliefs. The state cannot force unwilling people to promote a message they disagree with and thereby violate their conscience,” said Lorence. “The state’s prosecution violates our client’s First Amendment rights. The government cannot make people choose between their faith and their job.”

A same-sex couple asked Elaine Huguenin, co-owner with her husband of Elane Photography, to photograph a “commitment ceremony” that the two women wanted to hold. Huguenin declined because her Christian beliefs are in conflict with the message communicated by the ceremony.

The same-sex couple filed a complaint with the New Mexico Human Rights Division, which is now trying Elane Photography under state antidiscrimination laws for sexual orientation discrimination. The agency will hold a hearing Monday and Tuesday.

Neither marriage nor civil unions are legal between members of the same sex in New Mexico.